82_FR_32332 82 FR 32200 - Sassan Bassiri, D.D.S.; Decision and Order

82 FR 32200 - Sassan Bassiri, D.D.S.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 132 (July 12, 2017)

Page Range32200-32202
FR Document2017-14597

Federal Register, Volume 82 Issue 132 (Wednesday, July 12, 2017)
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32200-32202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14597]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Sassan Bassiri, D.D.S.; Decision and Order

    On February 7, 2017, the Assistant Administrator, Diversion Control 
Division, Drug Enforcement Administration (DEA), issued an Order to 
Show Cause to Sassan Bassiri, D.D.S. (Applicant), of King, North 
Carolina. The Show Cause Order proposed the denial of his application 
for a DEA Certificate of Registration on the ground that he has ``been 
excluded from participation in a program pursuant to 42 U.S.C. 1320a-
7(a).'' Government Exhibit (GX) H, at 1 (citing 21 U.S.C. 824(a)(5)).
    With respect to the Agency's jurisdiction, the Show Cause Order 
alleged that on February 9, 2016, Applicant ``applied for a DEA 
[Certificate of Registration] as a practitioner in Schedules II-V'' at 
the registered address of 226 Kirby Road, King, North Carolina. Id. at 
2.
    Regarding the substantive ground for the proceeding, the Show Cause 
Order alleged that on February 28, 2014, the Office of the Inspector 
General for the U.S. Department of Health and Human Services (HHS) 
notified Applicant that, effective March 20, 2014, he would be excluded 
from participation in any capacity in the Medicare, Medicaid, and all 
Federal health care programs for five years because he was convicted of 
a

[[Page 32201]]

program-related offense pursuant to Sec.  1128(i) of the Social 
Security Act (SSA). Id. (citing 42 U.S.C. 1320a-7(a) and (i)). As a 
result, the Order stated that Applicant's exclusion from participation 
in federal health care programs ``constitutes grounds to deny [his] 
application under 21 U.S.C. 824(a)(5).'' Id. at 3.
    The Show Cause Order notified Applicant of (1) his right to request 
a hearing on the allegations or to submit a written statement in lieu 
of a hearing, (2) the procedure for electing either option, and (3) the 
consequence for failing to elect either option. Id. (citing 21 CFR 
1301.43). The Show Cause Order also notified Applicant of his right to 
submit a corrective action plan. Id. at 3-4 (citing 21 U.S.C. 
824(c)(2)(C)).
    From February 7, 2017 through February 18, 2017, the Government 
states that it attempted to serve the Show Cause Order on Applicant by 
U.S. Mail, electronic mail, Federal Express, U.S. Postal Service 
Certified Mail, and in-person. Government Request for Final Agency 
Action (Request or RFFA), at 4. As evidenced by the signed return 
receipt card, on February 18, 2017, the Government accomplished 
service. GX I.
    On April 17, 2017, the Government forwarded its Request for Final 
Agency Action and evidentiary record to my Office. In its Request, the 
Government represents that Applicant neither requested a hearing nor 
``filed any written statement in lieu of a hearing or requested a 
Corrective Action Plan (CAP).'' RFFA, at 4. Based on the Government's 
representation and the record, I find that more than 30 days have 
passed since the Order to Show Cause was served on Applicant, and he 
has neither requested a hearing nor submitted a written statement in 
lieu of a hearing. Id. (citing 21 CFR 1301.43(d)). Accordingly, I find 
that Applicant has waived his right to a hearing or to submit a written 
statement and issue this Decision and Order based on relevant evidence 
submitted by the Government. I make the following findings.

Findings of Fact

    Applicant is a doctor of dental surgery. Applicant was previously 
registered with the DEA as a practitioner in schedules II-V pursuant to 
Certificate of Registration BB8537738. However, he surrendered this 
Registration to DEA on May 10, 2011. GX A. On February 9, 2016, 
Applicant applied for a DEA Certificate of Registration as a 
practitioner in schedules II-V with a registered address at 226 Kirby 
Road, King, North Carolina. GX G.
    On March 17, 2011, the North Carolina State Board of Dental 
Examiners found that Applicant had intentionally defrauded the North 
Carolina Division of Medical Assistance (Medicaid), which led to the 
revocation of his dental license starting in April 2011. GX F, at 2-3. 
On January 2, 2013, Applicant entered a guilty plea in the United 
States District Court for the Middle District of North Carolina to 
three charges of health care fraud in connection with a scheme to 
defraud the North Carolina State Medicaid program, in violation of 18 
U.S.C. 1347. GX C. On May 10, 2013, a federal court entered judgment 
and sentenced Applicant to a term of imprisonment of five months on 
each count, but provided that the sentences would ``run concurrently 
with each other,'' followed by five months of home confinement. GX D, 
at 2, 4. The sentencing judge also ordered Applicant to pay a $10,000 
statutory fine and $68,795.65 in restitution to the Medicaid program, 
and further ordered that Applicant be on supervised release for two 
years after the conclusion of his sentence. Id. at 3, 5.
    The record also includes a February 28, 2014 letter from HHS 
notifying Applicant that he was ``being excluded from participation in 
any capacity in the Medicare, Medicaid, and all Federal health care 
programs as defined in section 1128B(f)'' of the SSA ``for the minimum 
statutory period of five years.'' GX E, at 1 (emphasis in original). 
The letter explained that Applicant was being excluded ``due to [his] 
conviction . . . in the United States District Court for the Middle 
District of North Carolina, of a criminal offense related to the 
delivery of an item or service under the Medicare or a State health 
care program.'' Id. The letter states that ``[t]his action is being 
taken under section 1128(a)(1) of the [SSA] \1\ and is effective'' on 
March 20, 2014. Id. (citing 42 U.S.C. 1320a-7(a)).\2\
---------------------------------------------------------------------------

    \1\ Section 1128(a)(1) of the SSA is codified at 42 U.S.C. 
1320a-7(a)(1).
    \2\ The letter also notes that ``[w]e are aware that you are 
currently excluded from participation in the Medicare and State 
health care programs under section 1128(b)(4)'' of the SSA based on 
a February 29, 2012 letter from HHS to Applicant because North 
Carolina revoked his dental license starting in April 2011. Id.; GX 
B, at 1 (citing 42 U.S.C. 1320a-7(b)); GX F, at 3. HHS specified 
that the exclusion set forth in its 2014 letter was ``in addition to 
that [2012 exclusion] action and will run concurrently with it.'' GX 
E, at 1.
---------------------------------------------------------------------------

    On February 3, 2016, the North Carolina State Board of Dental 
Examiners issued an order placing Applicant under a restricted license 
allowing him to resume practicing dentistry subject to certain 
limitations, including that he practice for one year ``under the 
supervision of a [North Carolina licensed] dentist'' and only practice 
(with the Board's prior approval) at an institution like a hospital or 
sanatorium, a non-profit health care facility servicing low-income 
patients, or for a State of North Carolina government agency or entity. 
GX F, at 7-8. After one year, the Board also stated that Applicant may 
either renew his restricted license or seek an unrestricted dental 
license. Id. at 9.

Discussion

    Pursuant to 21 U.S.C. 824(a)(5), the Attorney General is authorized 
to suspend or revoke a registration issued under section 823 of Title 
21, ``upon a finding that the registrant . . . has been excluded . . . 
from participation in a program pursuant to section 1320a-7(a) of Title 
42.'' ``It is well established that the various grounds for revocation 
or suspension of an existing registration that Congress enumerated in 
[Sec.  824(a)] are also properly considered in deciding whether to 
grant or deny an application under [Sec.  823].'' Arthur H. Bell, 80 FR 
50035, 50037 (2015) (citing The Lawsons, Inc., 72 FR 74334, 74337 
(2007); Anthony D. Funches, 64 FR 14267, 14268 (1999); Alan R. 
Schankman, 63 FR 45260 (1998); Kuen H. Chen, 58 FR 65401, 65402 
(1993)); see also Serling Drug Co. and Detroit Prescription Wholesaler, 
Inc., 40 FR 11918 (1975) (holding that the CSA does not require the 
Agency to indulge in the useless act of granting a license on one day 
only to withdraw it on the next). Thus, the allegation that Applicant 
has been excluded from participation in a program pursuant to 42 U.S.C. 
1320a-7(a) is properly considered in this proceeding. See Bell, 80 FR 
at 50037 (finding that the allegation that Respondent had materially 
falsified his application pursuant to Sec.  824(a)(1) was properly 
considered in application denial proceeding).
    Under Sec.  1320a-7(a)(1), HHS is required to exclude from 
participation in any Federal health care program any individual who has 
been convicted of a criminal offense ``related to the delivery of an 
item or service under [42 U.S.C. 1395 et seq.] or under any State 
health care program.'' Based on the 2014 letter, I find that the 
evidence shows that HHS excluded Applicant from participation in any 
federal health care program based on his federal convictions for health 
care fraud. Applicant has thus been excluded pursuant to the mandatory 
exclusion provisions of 42 U.S.C. 1320a-7(a). Accordingly, I will order 
that his application be denied.

[[Page 32202]]

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well 
as 28 CFR 0.100(b), I order that the application of Sassan Bassiri, 
D.D.S., for a DEA Certificate of Registration as a practitioner be, and 
it hereby is, denied. The Order is effective immediately.

    Dated: July 2, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-14597 Filed 7-11-17; 8:45 am]
 BILLING CODE 4410-09-P



                                                    32200                        Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices

                                                    accessing its Internet server at United                  party suppliers have the capacity to                   and evaluations relating to the
                                                    States International Trade Commission                    replace the volume of articles                         programs, personnel, and operations of
                                                    (USITC) at https://www.usitc.gov. The                    potentially subject to the requested                   the Commission including under 5
                                                    public record for this investigation may                 exclusion order and/or a cease and                     U.S.C. Appendix 3; or (ii) by U.S.
                                                    be viewed on the Commission’s                            desist order within a commercially                     government employees and contract
                                                    Electronic Document Information                          reasonable time; and                                   personnel,2 solely for cybersecurity
                                                    System (EDIS) at https://edis.usitc.gov.                    (v) explain how the requested                       purposes. All nonconfidential written
                                                    Hearing-impaired persons are advised                     remedial orders would impact United                    submissions will be available for public
                                                    that information on this matter can be                   States consumers.                                      inspection at the Office of the Secretary
                                                    obtained by contacting the                                  Written submissions must be filed no                and on EDIS.3
                                                    Commission’s TDD terminal on (202)                       later than by close of business, eight                   This action is taken under the
                                                    205–1810.                                                calendar days after the date of                        authority of section 337 of the Tariff Act
                                                    SUPPLEMENTARY INFORMATION: The                           publication of this notice in the Federal              of 1930, as amended (19 U.S.C. 1337),
                                                    Commission has received a complaint                      Register. There will be further                        and of §§ 201.10 and 210.8(c) of the
                                                    and a submission pursuant to § 210.8(b)                  opportunities for comment on the                       Commission’s Rules of Practice and
                                                    of the Commission’s Rules of Practice                    public interest after the issuance of any              Procedure (19 CFR 201.10, 210.8(c)).
                                                    and Procedure filed on behalf of                         final initial determination in this                      By order of the Commission.
                                                    Qualcomm Incorporated on July 07,                        investigation.
                                                                                                                                                                      Issued: July 7, 2017.
                                                    2017. The complaint alleges violations                      Persons filing written submissions
                                                                                                             must file the original document                        Lisa R. Barton,
                                                    of section 337 of the Tariff Act of 1930
                                                                                                             electronically on or before the deadlines              Secretary to the Commission.
                                                    (19 U.S.C. 1337) in the importation into
                                                    the United States, the sale for                          stated above and submit 8 true paper                   [FR Doc. 2017–14586 Filed 7–11–17; 8:45 am]
                                                    importation, and the sale within the                     copies to the Office of the Secretary by               BILLING CODE 7020–02–P

                                                    United States after importation of                       noon the next day pursuant to § 210.4(f)
                                                    certain mobile electronic devices and                    of the Commission’s Rules of Practice
                                                    radio frequency and processing                           and Procedure (19 CFR 210.4(f)).                       DEPARTMENT OF JUSTICE
                                                    components thereof. The complaint                        Submissions should refer to the docket
                                                    names as a respondent, Apple Inc. of                     number (‘‘Docket No. 3235’’) in a                      Drug Enforcement Administration
                                                    Cupertino, CA. The complainant                           prominent place on the cover page and/
                                                                                                             or the first page. (See Handbook for                   Sassan Bassiri, D.D.S.; Decision and
                                                    requests that the Commission issue a
                                                    limited exclusion order, a cease and                     Electronic Filing Procedures, Electronic               Order
                                                    desist order, and impose a bond upon                     Filing Procedures 1). Persons with                        On February 7, 2017, the Assistant
                                                    respondents’ alleged infringing articles                 questions regarding filing should                      Administrator, Diversion Control
                                                    during the 60-day Presidential review                    contact the Secretary (202–205–2000).                  Division, Drug Enforcement
                                                    period pursuant to 19 U.S.C. 1337(j).                       Any person desiring to submit a                     Administration (DEA), issued an Order
                                                       Proposed respondents, other                           document to the Commission in                          to Show Cause to Sassan Bassiri, D.D.S.
                                                    interested parties, and members of the                   confidence must request confidential                   (Applicant), of King, North Carolina.
                                                    public are invited to file comments, not                 treatment. All such requests should be                 The Show Cause Order proposed the
                                                    to exceed five (5) pages in length,                      directed to the Secretary to the                       denial of his application for a DEA
                                                    inclusive of attachments, on any public                  Commission and must include a full                     Certificate of Registration on the ground
                                                    interest issues raised by the complaint                  statement of the reasons why the                       that he has ‘‘been excluded from
                                                    or § 210.8(b) filing. Comments should                    Commission should grant such                           participation in a program pursuant to
                                                    address whether issuance of the relief                   treatment. See 19 CFR 201.6. Documents                 42 U.S.C. 1320a–7(a).’’ Government
                                                    specifically requested by the                            for which confidential treatment by the                Exhibit (GX) H, at 1 (citing 21 U.S.C.
                                                    complainant in this investigation would                  Commission is properly sought will be                  824(a)(5)).
                                                    affect the public health and welfare in                  treated accordingly. All such requests                    With respect to the Agency’s
                                                    the United States, competitive                           should be directed to the Secretary to                 jurisdiction, the Show Cause Order
                                                    conditions in the United States                          the Commission and must include a full                 alleged that on February 9, 2016,
                                                    economy, the production of like or                       statement of the reasons why the                       Applicant ‘‘applied for a DEA
                                                    directly competitive articles in the                     Commission should grant such                           [Certificate of Registration] as a
                                                    United States, or United States                          treatment. See 19 CFR 201.6. Documents                 practitioner in Schedules II–V’’ at the
                                                    consumers.                                               for which confidential treatment by the                registered address of 226 Kirby Road,
                                                       In particular, the Commission is                      Commission is properly sought will be                  King, North Carolina. Id. at 2.
                                                    interested in comments that:                             treated accordingly. All information,                     Regarding the substantive ground for
                                                       (i) explain how the articles potentially              including confidential business                        the proceeding, the Show Cause Order
                                                    subject to the requested remedial orders                 information and documents for which                    alleged that on February 28, 2014, the
                                                    are used in the United States;                           confidential treatment is properly                     Office of the Inspector General for the
                                                       (ii) identify any public health, safety,              sought, submitted to the Commission for                U.S. Department of Health and Human
                                                    or welfare concerns in the United States                 purposes of this Investigation may be                  Services (HHS) notified Applicant that,
                                                    relating to the requested remedial                       disclosed to and used: (i) By the                      effective March 20, 2014, he would be
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    orders;                                                  Commission, its employees and Offices,                 excluded from participation in any
                                                       (iii) identify like or directly                       and contract personnel (a) for                         capacity in the Medicare, Medicaid, and
                                                    competitive articles that complainant,                   developing or maintaining the records                  all Federal health care programs for five
                                                    its licensees, or third parties make in the              of this or a related proceeding, or (b) in             years because he was convicted of a
                                                    United States which could replace the                    internal investigations, audits, reviews,
                                                    subject articles if they were to be                                                                               2 All contract personnel will sign appropriate
                                                    excluded;                                                     1 Handbook
                                                                                                                           for Electronic Filing Procedures:        nondisclosure agreements.
                                                       (iv) indicate whether complainant,                    https://www.usitc.gov/documents/handbook_on_             3 Electronic Document Information System

                                                    complainant’s licensees, and/or third                    filing_procedures.pdf.                                 (EDIS): https://edis.usitc.gov.



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                                                                                 Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices                                               32201

                                                    program-related offense pursuant to                         On March 17, 2011, the North                        including that he practice for one year
                                                    § 1128(i) of the Social Security Act                     Carolina State Board of Dental                         ‘‘under the supervision of a [North
                                                    (SSA). Id. (citing 42 U.S.C. 1320a–7(a)                  Examiners found that Applicant had                     Carolina licensed] dentist’’ and only
                                                    and (i)). As a result, the Order stated                  intentionally defrauded the North                      practice (with the Board’s prior
                                                    that Applicant’s exclusion from                          Carolina Division of Medical Assistance                approval) at an institution like a
                                                    participation in federal health care                     (Medicaid), which led to the revocation                hospital or sanatorium, a non-profit
                                                    programs ‘‘constitutes grounds to deny                   of his dental license starting in April                health care facility servicing low-
                                                    [his] application under 21 U.S.C.                        2011. GX F, at 2–3. On January 2, 2013,                income patients, or for a State of North
                                                    824(a)(5).’’ Id. at 3.                                   Applicant entered a guilty plea in the                 Carolina government agency or entity.
                                                       The Show Cause Order notified                         United States District Court for the                   GX F, at 7–8. After one year, the Board
                                                    Applicant of (1) his right to request a                  Middle District of North Carolina to                   also stated that Applicant may either
                                                    hearing on the allegations or to submit                  three charges of health care fraud in                  renew his restricted license or seek an
                                                    a written statement in lieu of a hearing,                connection with a scheme to defraud                    unrestricted dental license. Id. at 9.
                                                    (2) the procedure for electing either                    the North Carolina State Medicaid
                                                    option, and (3) the consequence for                      program, in violation of 18 U.S.C. 1347.               Discussion
                                                    failing to elect either option. Id. (citing              GX C. On May 10, 2013, a federal court                    Pursuant to 21 U.S.C. 824(a)(5), the
                                                    21 CFR 1301.43). The Show Cause                          entered judgment and sentenced                         Attorney General is authorized to
                                                    Order also notified Applicant of his                     Applicant to a term of imprisonment of                 suspend or revoke a registration issued
                                                    right to submit a corrective action plan.                five months on each count, but provided                under section 823 of Title 21, ‘‘upon a
                                                    Id. at 3–4 (citing 21 U.S.C. 824(c)(2)(C)).              that the sentences would ‘‘run                         finding that the registrant . . . has been
                                                       From February 7, 2017 through                         concurrently with each other,’’ followed               excluded . . . from participation in a
                                                    February 18, 2017, the Government                        by five months of home confinement.                    program pursuant to section 1320a–7(a)
                                                    states that it attempted to serve the                    GX D, at 2, 4. The sentencing judge also               of Title 42.’’ ‘‘It is well established that
                                                    Show Cause Order on Applicant by U.S.                    ordered Applicant to pay a $10,000                     the various grounds for revocation or
                                                    Mail, electronic mail, Federal Express,                  statutory fine and $68,795.65 in                       suspension of an existing registration
                                                    U.S. Postal Service Certified Mail, and                  restitution to the Medicaid program, and               that Congress enumerated in [§ 824(a)]
                                                    in-person. Government Request for                        further ordered that Applicant be on                   are also properly considered in deciding
                                                    Final Agency Action (Request or RFFA),                   supervised release for two years after                 whether to grant or deny an application
                                                    at 4. As evidenced by the signed return                  the conclusion of his sentence. Id. at 3,              under [§ 823].’’ Arthur H. Bell, 80 FR
                                                    receipt card, on February 18, 2017, the                  5.                                                     50035, 50037 (2015) (citing The
                                                    Government accomplished service. GX                         The record also includes a February                 Lawsons, Inc., 72 FR 74334, 74337
                                                    I.                                                       28, 2014 letter from HHS notifying
                                                       On April 17, 2017, the Government                                                                            (2007); Anthony D. Funches, 64 FR
                                                                                                             Applicant that he was ‘‘being excluded                 14267, 14268 (1999); Alan R.
                                                    forwarded its Request for Final Agency                   from participation in any capacity in the
                                                    Action and evidentiary record to my                                                                             Schankman, 63 FR 45260 (1998); Kuen
                                                                                                             Medicare, Medicaid, and all Federal                    H. Chen, 58 FR 65401, 65402 (1993));
                                                    Office. In its Request, the Government                   health care programs as defined in
                                                    represents that Applicant neither                                                                               see also Serling Drug Co. and Detroit
                                                                                                             section 1128B(f)’’ of the SSA ‘‘for the                Prescription Wholesaler, Inc., 40 FR
                                                    requested a hearing nor ‘‘filed any                      minimum statutory period of five
                                                    written statement in lieu of a hearing or                                                                       11918 (1975) (holding that the CSA does
                                                                                                             years.’’ GX E, at 1 (emphasis in original).            not require the Agency to indulge in the
                                                    requested a Corrective Action Plan                       The letter explained that Applicant was
                                                    (CAP).’’ RFFA, at 4. Based on the                                                                               useless act of granting a license on one
                                                                                                             being excluded ‘‘due to [his] conviction               day only to withdraw it on the next).
                                                    Government’s representation and the                      . . . in the United States District Court
                                                    record, I find that more than 30 days                                                                           Thus, the allegation that Applicant has
                                                                                                             for the Middle District of North                       been excluded from participation in a
                                                    have passed since the Order to Show                      Carolina, of a criminal offense related to
                                                    Cause was served on Applicant, and he                                                                           program pursuant to 42 U.S.C. 1320a–
                                                                                                             the delivery of an item or service under               7(a) is properly considered in this
                                                    has neither requested a hearing nor                      the Medicare or a State health care
                                                    submitted a written statement in lieu of                                                                        proceeding. See Bell, 80 FR at 50037
                                                                                                             program.’’ Id. The letter states that                  (finding that the allegation that
                                                    a hearing. Id. (citing 21 CFR 1301.43(d)).               ‘‘[t]his action is being taken under
                                                    Accordingly, I find that Applicant has                                                                          Respondent had materially falsified his
                                                                                                             section 1128(a)(1) of the [SSA] 1 and is               application pursuant to § 824(a)(1) was
                                                    waived his right to a hearing or to                      effective’’ on March 20, 2014. Id. (citing
                                                    submit a written statement and issue                                                                            properly considered in application
                                                                                                             42 U.S.C. 1320a–7(a)).2                                denial proceeding).
                                                    this Decision and Order based on                            On February 3, 2016, the North
                                                    relevant evidence submitted by the                       Carolina State Board of Dental                            Under § 1320a–7(a)(1), HHS is
                                                    Government. I make the following                         Examiners issued an order placing                      required to exclude from participation
                                                    findings.                                                Applicant under a restricted license                   in any Federal health care program any
                                                                                                             allowing him to resume practicing                      individual who has been convicted of a
                                                    Findings of Fact                                                                                                criminal offense ‘‘related to the delivery
                                                                                                             dentistry subject to certain limitations,
                                                      Applicant is a doctor of dental                                                                               of an item or service under [42 U.S.C.
                                                    surgery. Applicant was previously                          1 Section 1128(a)(1) of the SSA is codified at 42    1395 et seq.] or under any State health
                                                    registered with the DEA as a practitioner                U.S.C. 1320a–7(a)(1).                                  care program.’’ Based on the 2014 letter,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    in schedules II–V pursuant to Certificate                  2 The letter also notes that ‘‘[w]e are aware that   I find that the evidence shows that HHS
                                                    of Registration BB8537738. However, he                   you are currently excluded from participation in the   excluded Applicant from participation
                                                                                                             Medicare and State health care programs under
                                                    surrendered this Registration to DEA on                  section 1128(b)(4)’’ of the SSA based on a February
                                                                                                                                                                    in any federal health care program based
                                                    May 10, 2011. GX A. On February 9,                       29, 2012 letter from HHS to Applicant because          on his federal convictions for health
                                                    2016, Applicant applied for a DEA                        North Carolina revoked his dental license starting     care fraud. Applicant has thus been
                                                    Certificate of Registration as a                         in April 2011. Id.; GX B, at 1 (citing 42 U.S.C.       excluded pursuant to the mandatory
                                                                                                             1320a–7(b)); GX F, at 3. HHS specified that the
                                                    practitioner in schedules II–V with a                    exclusion set forth in its 2014 letter was ‘‘in
                                                                                                                                                                    exclusion provisions of 42 U.S.C.
                                                    registered address at 226 Kirby Road,                    addition to that [2012 exclusion] action and will      1320a–7(a). Accordingly, I will order
                                                    King, North Carolina. GX G.                              run concurrently with it.’’ GX E, at 1.                that his application be denied.


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                                                    32202                        Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices

                                                    Order                                                    —Evaluate whether the proposed                        of administration modes [e.g., face-to-
                                                      Pursuant to the authority vested in me                  collection of information is necessary               face interviews, self-administered
                                                    by 21 U.S.C. 823(f), as well as 28 CFR                    for the proper performance of the                    questionnaire in paper and pencil
                                                    0.100(b), I order that the application of                 functions of the National Institute of               format, audio computer assisted self-
                                                    Sassan Bassiri, D.D.S., for a DEA                         Justice, including whether the                       administered interviews (required),
                                                    Certificate of Registration as a                          information will have practical utility;             computer assisted telephone
                                                    practitioner be, and it hereby is, denied.               —Evaluate the accuracy of the agency’s                interviews]. The target sample is 375
                                                    The Order is effective immediately.                       estimate of the burden of the                        completed interviews from three tribal
                                                                                                              proposed collection of information,                  settings (one in Alaska and two in the
                                                      Dated: July 2, 2017.                                    including the validity of the                        lower 48).
                                                    Chuck Rosenberg,                                          methodology and assumptions used;                       Among the key outcomes that will be
                                                    Acting Administrator.                                    —Evaluate whether, and if so how, the                 examined are the response and refusal
                                                    [FR Doc. 2017–14597 Filed 7–11–17; 8:45 am]               quality, utility, and clarity of the                 rates, missing data, interview length,
                                                    BILLING CODE 4410–09–P                                    information to be collected can be                   willingness to disclose sensitive
                                                                                                              enhanced; and                                        information, respondent comfort, cost,
                                                                                                             —Minimize the burden of the collection
                                                                                                                                                                   ability to provide assistance to
                                                    DEPARTMENT OF JUSTICE                                     of information on those who are to
                                                                                                                                                                   respondents, and the ease and adequacy
                                                                                                              respond, including through the use of
                                                    National Institute of Justice                                                                                  of the human subjects’ protocol.
                                                                                                              appropriate automated, electronic,
                                                                                                              mechanical, or other technological                      5. An estimate of the total number of
                                                    [OMB Number 1121–NEW]                                                                                          respondents and the amount of time
                                                                                                              collection techniques or other forms
                                                    Agency Information Collection                             of information technology, e.g.,                     estimated for an average respondent to
                                                    Activities: Proposed New Information                      permitting electronic submission of                  respond: The estimated range of burden
                                                    Collection Activity; Comment Request,                     responses.                                           for respondents participating in the
                                                    Proposed Study Entitled ‘‘Tribal Youth                                                                         cognitive interview is 90 minutes.
                                                    Victimization Methods Study’’                            Overview of This Information                          Approximately 48 youth will be
                                                                                                             Collection                                            recruited to complete a cognitive
                                                    AGENCY:  National Institute of Justice,                    1. Type of Information Collection:                  interview. The estimated range of
                                                    U.S. Department of Justice.                              Survey development; Cognitive testing;                burden for respondents completing the
                                                    ACTION: 30-Day notice.                                   Pilot testing of survey.                              survey in the pilot phase is expected to
                                                                                                               2. The Title of the Form/Collection:                be 60 minutes for completion. The
                                                    SUMMARY:   The Department of Justice                                                                           following factors were considered when
                                                                                                             Tribal Youth Victimization Methods
                                                    (DOJ), Office of Justice Programs,                                                                             creating the burden estimate: The
                                                                                                             Study.
                                                    National Institute of Justice, will be                                                                         estimated total number of sites (i.e., 4
                                                                                                               3. The agency form number, if any,
                                                    submitting the following information                                                                           cognitive sites and 3 pilot sites),
                                                                                                             and the applicable component of the
                                                    collection request to the Office of                                                                            respondents (i.e., 48 cognitive
                                                                                                             Department sponsoring the collection:
                                                    Management and Budget (OMB) for                                                                                interviews and 375 pilot interviews for
                                                                                                             The applicable component within the
                                                    review and approval in accordance with                                                                         a total of 423 respondents), and parental
                                                                                                             U.S. Department of Justice is the
                                                    the Paperwork Reduction Act of 1995.
                                                                                                             National Institute of Justice in the Office           and youth informed consent procedures
                                                    DATES: Comments are encouraged and                                                                             for each phase.
                                                                                                             of Justice Programs.
                                                    will be accepted for an additional 30                      4. Affected public who will be asked                   6. An estimate of the total public
                                                    days until August 11, 2017.                              or required to respond, as well as a brief            burden (in hours) associated with the
                                                    FOR FURTHER INFORMATION CONTACT:                         abstract: There has never been a                      collection: The estimated public burden
                                                    Written comments and/or suggestions                      national study of tribal youth regarding              associated with this collection is 447
                                                    regarding the items contained in this                    their victimization experiences that                  hours. It is estimated that each of the
                                                    notice, especially the estimated public                  provides reliable, valid estimates of the             cognitive interviews will take 90
                                                    burden and associated response time,                     scope of the problem. As a result, the                minutes to complete (48 respondents ×
                                                    should be directed to Christine                          incidence, prevalence, and nature of                  1.5 hour = 72 hours). Lastly, it is
                                                    Crossland, National Institute of Justice,                victimization experienced by American                 estimated that each pilot survey will
                                                    Office of Research and Evaluation, 810                   Indian and Alaska Native youth living                 take 60 minutes to complete (375
                                                    Seventh Street NW., Washington, DC                       in tribal communities is unknown. As a                respondents × 1 hour = 375 hours). We
                                                    20531 (overnight 20001) or via email at                  result, NIJ, in partnership with the                  estimate a 12-month data collection
                                                    christine.crossland@ojp.usdoj.gov.                       Office of Juvenile Justice and                        period, with all cognitive and pilot
                                                    Written comments and/or suggestions                      Delinquency Prevention and the Office                 testing completed in one year.
                                                    can also be sent to the Office of                        for Victims of Crime has funded this                     If additional information is required
                                                    Management and Budget, Office of                         methods study that involves developing                contact: Melody Braswell, Department
                                                    Information and Regulatory Affairs,                      and testing a survey instrument, testing              Clearance Officer, United States
                                                    Attention Department of Justice Desk                     different modes of administration that                Department of Justice, Justice
                                                    Officer, Washington, DC 20503 or sent                    can effectively assess exposure to                    Management Division, Policy and
                                                    to OIRA_submissions@omb.eop.gov.                         violence and victimization, and                       Planning Staff, Two Constitution
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    SUPPLEMENTARY INFORMATION: This                          determining the feasibility of using                  Square, 145 N Street NE., 3E.405A,
                                                    process is conducted in accordance with                  these procedures in tribal communities                Washington, DC 20530.
                                                    5 CFR 1320.10. Written comments and                      and settings.
                                                    suggestions from the public and affected                   The sample includes tribal youth 12                   Dated: July 6, 2017.
                                                    agencies concerning the proposed                         to 20 years of age. Cognitive testing will            Melody Braswell,
                                                    collection of information are                            be conducted in four tribal settings with             Department Clearance Officer for PRA, U.S.
                                                    encouraged. Your comments should                         between 12–15 youth at each site. The                 Department of Justice.
                                                    address one or more of the following                     pilot test involves the use of at least two           [FR Doc. 2017–14529 Filed 7–11–17; 8:45 am]
                                                    four points:                                             but no more than three different modes                BILLING CODE 4410–18–P




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Document Created: 2017-07-12 03:00:27
Document Modified: 2017-07-12 03:00:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 32200 

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